The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. The judgment of the defendant is disadvantageous to the defendant, such as the fact that the defendant committed another crime even though he had been punished for the same crime, and that he/she did not have the status of sojourn eligible for employment, or that he/she employed 12 or more foreigners.

However, the fact that the defendant has no record of punishment in excess of the fine, except for the suspension of the execution of imprisonment for a crime of different types for which the defendant was sentenced for about 30 years prior to the suspension of the execution of imprisonment for a crime of different types, that the period of employment of foreigners is not long, that of the defendant's mistake and reflects his depth, that of the defendant's health status is not good, and that the detention of the defendant is likely to entail excessive difficulties for his dependants, etc., may be considered as favorable to the defendant.

In addition, considering the motive and background of the instant crime, means and methods, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed unfair because it is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act ( comprehensively including, but not limited to, punishment for each of the defendants) concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;